The blog of ObiterJ - responsible and sometimes critical comment on legal matters of general interest. This blog does not offer legal advice and should not be used as a substitute for professional legal advice.
'The life of the law has not been logic; it has been experience. The law embodies the story of a nation's development...it cannot be dealt with as if it contained the axioms and corollaries of a book of mathematics' - (Oliver Wendell Holmes - 1841 to 1935). Pro Aequitate Dicere

In many areas of prison law, legal aid for prisoners was removed by the coalition government. In March 2014, the High Court refused to allow a challenge to this policy. On 7th July, the Howard League for Penal Reform went to the Court of Appeal to try to overturn the High Court decision - Howard League - Legal Aid for prisoners

See the High Court "decision - (see the judgment) - where Cranston J (delivering the judgment of the High Court) said:

"We can well understand the concerns ventilated through
these claims. A range of impressive commentators have argued that the
changes to criminal legal aid for prison law in the Criminal Aid (General) (Amendment) Regulations 2013, SI 2013, No 2790 will have serious adverse effects for prisoners. But we simply cannot see, at least at this point in time, how these
concerns can arguably constitute unlawful action by the Lord Chancellor.
For the time being the forum for advancing these concerns remains the
political." (Link to the regulations inserted).

Another point made in the High Court judgment related to the Lord Chancellor's duty under the Constitutional Reform Act 2005 to uphold
the rule of law. Were the 2013 Regulations ultra vires (i.e. beyond powers) the statutory and constitutional role of the Lord Chancellor to uphold the rule of law. Cranston J said - "As a legal submission this goes nowhere."

The precise nature of that "duty" remains rather enigmatic and one wonders whether, apart from perhaps politically, it has any real bite.

Mr Gove also appeared this week before the Justice Committee - view the session at Parliament.TV

The fight for criminal legal aid to be adequately maintained continues. Following the Criminal Bar Association's ballot in favour of action to support solicitors (see previous post), the CBA has issued a "No returns" protocol.